Indiana Register - October 1, 2002

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Disclaimer:The individual documents were created from the files used to produce the official CD-ROM Indiana Register. Access documents in PDF format by clicking on (PDF).October 1, 2002, Volume 26, Number 1, Pages 1-320
Final Rules (PDF)

Final Rules

Title 11 Consumer Protection Division of the Office of the Attorney General -- #02-110 (PDF)

Amends 312 IAC 3-1 that governs adjudicatory procedures by the natural resources commission and its division of hearings. The amendments would incorporate and coordinate responsibilities of the division of hearings with respect to its responsibilities to the Indiana board of registration for soil scientists. Makes technical changes.

Amends 675 IAC 14-4.2, the 2001 Indiana Residential Code, so as not to be in conflict with provisions of the 2002 Indiana Electrical Code, 675 IAC 17-1.6. Adds 675 IAC 17-1.6, which adopts by reference and amends the 2002 National Electrical Code 2002 edition first printing, and Errata to the First Printing (Errata date January 18, 2002), both published by the National Fire Protection Association, as the Indiana Electrical Code, 2002 Edition. Repeals 675 IAC 17-1.5.

Adds 762 IAC 2 to address member requirements and procedures, withdrawals by members, procedures for charges to members, including payment and collection thereof, and to otherwise implement IC 27-1-29 and IC 27-1-29.1 regarding the political subdivision risk management fund and catastrophic liability fund.

Temporarily amends 540 IAC 1-7-2, 540 IAC 1-8-2, 540 IAC 1-9-2.6, and 540 IAC 1-10-1 to clarify how the fee paid to the administrator of the Indiana CollegeChoice 529 Program is calculated, to clarify the initial and subsequent minimum contribution requirements of the Indiana CollegeChoice 529 Program, to eliminate any notice and cancellation of account requirements due to interruption of attendance, and to eliminate the once a month limitation on distributions from an account. Authority: IC 21-9-4-7.
Notice of Rule Adoption

Notice of Rule Adoption

Title 405 Office of the Secretary of Family and Social Services -- #01-373 (PDF)

Title 405 Office of the Secretary of Family and Social Services -- #02-13 (PDF)

Title 405 Office of the Secretary of Family and Social Services -- #02-50 (PDF)

Title 405 Office of the Secretary of Family and Social Services -- #02-87 (PDF)

Title 405 Office of the Secretary of Family and Social Services -- #02-121 (PDF)

Title 405 Office of the Secretary of Family and Social Services -- #02-140 (PDF)

Title 405 Office of the Secretary of Family and Social Services -- #02-141 (PDF)

The intent and scope of this rule will be to amend the microfilming standards currently set forth at 60 IAC 2. Adds 60 IAC 2-2-3.1 concerning the preparation of documents for microfilming and 60 IAC 2-2-5.1 concerning notice and certification of destruction of records. Repeals 60 IAC 2-1-2, 60 IAC 2-1-3, 60 IAC 2-2-6, and 60 IAC 2-2-7. Public comments are invited and may be addressed to the Oversight Committee on Public Records, ATTENTION: Anne Mullin O'Connor, Indiana Government Center-South, W472, Indianapolis, Indiana 46204, or by calling the following telephone number: (317) 233-9435. Statutory authority: IC 5-15-5.1-20(b).

Adds 170 IAC 1-6 concerning limits on liability in utility tariffs. Effective 30 days after filing with the secretary of state. Questions concerning the proposed rule may be addressed to the following telephone number: (317) 232-6735. Statutory authority: IC 8-1-1-3(g).

This rule will establish standards for the certification of food handlers for food establishments and the imposition of penalties for violations. Written comments may be submitted to the Indiana State Department of Health, ATTENTION: Office of Legal Affairs, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-42-5.2-13.

Amends 511 IAC 6.2 to bring the school accountability system into alignment with the federal No Child Left Behind Act of 2001. Changes school improvement and performance categories to create expectation of 100% proficiency of all students and identified subgroups of students in 2013 2014. Identifies student subgroups for purposes of reporting and placing schools into school improvement and performance categories. Requires schools to assess 95% of students in identified subgroups on ISTEP+ tests. Adds alternate means of demonstrating improvement for subgroups of students. Defines "full academic year" for purposes of determining if students are included in making decisions about school and school corporation improvement and performance. Adds provisions to implement the statutory requirement to assess school corporation improvement. Statutory authority: IC 20-1-1-6; IC 20-1-1.2-18; IC 20-10.2-7-1.

Amends 844 IAC 5-1-1 concerning definitions. Adds 844 IAC 5-3 concerning the appropriate use of the Internet in medical practice. Adds 844 IAC 5-4 concerning prescribing to persons not seen by the physician. Effective 30 days after filing with the secretary of state. Public comments are invited and may be directed to the Medical Licensing Board of Indiana, ATTENTION: General Counsel, Indiana Government Center-South, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204 or by e-mail to bmcnutt@hpb.state.in.us. Statutory authority: IC 25-22.5-2-7.

Amends 50 IAC 2.3-1-1 and 50 IAC 2.3-1-2 to update the adoption date of matters incorporated by reference as a result of minor changes and corrections to the 2002 Real Property Assessment Manual and the Real Property Assessment Guidelines for 2002 Version A, published by the state board of tax commissioners and originally dated May 10, 2001, and to eliminate reference to the shelter allowance as required by House Enrolled Act 1001(ss).

Title 405 Office of the Secretary of Family and Social Services -- #02-214 (PDF)

Amends 405 IAC 1-16-2 to specify the payment level for hospice services on the date that an individual is discharged from inpatient or respite hospice care. Amends 1-16-4 to specify that, in order to receive Medicaid reimbursement for room and board for nursing home residents receiving hospice services, the hospice must have a written agreement with the nursing facility. Amends 405 IAC 5-34-1 to specify that the hospice provider must provide all services in compliance with the Medicaid provider agreement, the appropriate provider manual and all other Medicaid policy documents issued to provider at the time services were rendered, and any applicable state or federal statute or regulations. Amends 405 IAC 5-34-2 to specify licensure and certification requirements for Medicaid hospice providers. Amends 405 IAC 5-34-3 to specify the requirements for Medicaid reimbursement for hospice services provided by out of state hospice providers. Amends 405 IAC 5-34-4 to specify the requirements for obtaining authorization for hospice services. Adds 405 IAC 5-34-4.1 regarding appeals of hospice authorization determinations. Adds 405 IAC 5-34-4.2 to provide for retrospective audit of hospice services including review for medical necessity. Amends 405 IAC 5-34-5 to specify requirements relating to the hospice physician certification form. Amends 405 IAC 5-34-6 to specify requirements relating to election and revocation of hospice services. Amends 405 IAC 5-34-7 to specify requirements relating to the hospice plan of care.

Amends 470 IAC 3.1-12-2 to include fees received pursuant to the cost participation legislation (IC 12-17-15-17) as a funding source for assistance to children eligible for early intervention services. Adds 470 IAC 3.1-12-7 to adopt cost participation procedures. This rule originally established a comprehensive system of early intervention services for eligible infants and toddlers with disabilities and their families.

Amends 876 IAC 4-2-2 to modify the curricula for salesperson under IC 25-34.1-9-11(a)(1). Amends 876 IAC 4-2-3 to modify the curricula for broker under IC 25-34.1-9-11(a)(1). Amends 876 IAC 4-2-9 to require licensees to obtain six hours of continuing education to reactivate an inactive license during a two year licensure period and to require a licensee who has reactivated their license to obtain 10 hours of continuing education in order to renew the license at the end of the two year licensure period.
Readopted Rules

Readopted Rules

Title 405 Office of the Secretary of Family and Social Services -- #02-275 (PDF)